Estate plan requirements

Ohio

Everything you need to create a valid estate plan in Ohio: wills, trusts, powers of attorney, and healthcare directives.

Will

2W

Trust

POA

N

Healthcare Dir.

2W

E-will

Not adopted

Online notary (RON)

Authorized

Since 2019

Remote witnessing (ROW)

Not authorized

Community property

No

Minimum age

18

2W + N = 2 witnesses + notarization2W = 2 witnesses, no notarization
N = notarization, no witnesses = no formal requirements
1

Will

Witnesses: 2 required

Two competent witnesses must attest and subscribe in the presence of the testator

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

Ohio does not recognize handwritten wills without witnesses

Self-proving affidavit: Not available

Witnesses may need to testify during probate

2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

3

Durable Power of Attorney

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

Acknowledged before a notary public — Ohio Rev. Code §1337.25
Durability is presumed unless the instrument states otherwise
4

Healthcare Directive

Witnesses: 2 required

Ohio requires 2 witnesses for healthcare directive execution

Notarization: Not required

Notarization is not required but may be accepted

Alternative to witnesses: Notary acknowledgment

Acknowledged before a notary public — Ohio Rev. Code §2133.02

State-specific notes

Witnesses cannot be the agent, relatives, or the attending physician

Electronic will status

Ohio has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Remote online notarization

Ohio authorized remote online notarization (RON) in 2019. You can have your estate planning documents notarized via live video call with an approved notary, without an in-person appointment.

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Ohio for guidance specific to your situation.